With advancements in hardware and software technology, computers are integral tools utilized in various applications, such as finance, CAD (computer aided design), manufacturing, health care, telecommunication, education, etc. Further, an enhancement in computer functionality can be realized by communicatively coupling computers together to form a network. Within a network environment, computer systems enable users to exchange files, share information stored in common databases, combine or pool resources, communicate via electronic mail (e-mail), and access information on the Internet. Additionally, computers connected to a network environment, e.g., the Internet, provide their users access to data and information from all over the world.
Some of the various types of data that a user can access and share include, but are not limited to, text data such as that found in a word document, graphical data such as that found in pictures, e.g., JPEGs, GIFs, TIFFs, audio data such as that found in music files, e.g., MP3 files, and video data such as that found in moving pictures files, e.g., MPEG, MOV, and AVI files, to name a few. In fact, nearly any type of data can be stored and shared with other computer systems. In many instances, the material contained within the various data types is copyrighted material.
It is also common for users sharing files in an uncontrolled manner to use freely distributed or commercially available media player applications to experience, e.g., listen, view, and/or watch, the shared files. In many instances, these media player applications also provide for downloading the media file from a P2P network or from licensed web broadcasters, saving it locally, and then upload the media file onto an unlawful P2P or similar network and/or consumer recording devices. Unlawfully saving a media file can be as simple as selecting the save or record function on a media player application.
Additionally, many of the computers, web sites, and web broadcasters that share copyrighted material commonly do not control or monitor the files being exchanged between computers. Additionally, when web sites attempt to control or restrict the distribution of copyrighted material, e.g., audio files, users seeking to circumvent controls or restrictions can, in many cases, simply utilize the recording functionality of a media player application and save the copyrighted material, rename the particular audio file, and upload the renamed file, rendering attempts to control or restrict its distribution moot.
A disadvantage to the uncontrolled sharing of files, more particularly the downloading, saving, and uploading of copyrighted material, e.g., music files, is that there is currently no effective means to provide compensation to the owner (e.g., record company, lyricist, musician, etc.) of the copyrighted material. Studies have revenue losses in the billions due to unauthorized copying and inaccurate reporting of royalties.
Current methods of sharing music files do not provide adequate file distribution controls or proper accountability with regard to licensing agreements and/or copyright restrictions associated with shared copyrighted material.
Additionally, the media file copyright holders are being sold on the premise that a degraded media file is better than the original because you can't control the original on the computer. Therefore, users may be less likely to use a computer to record/capture/reproduce a poor quality version. Once the user does capture the media file, it is a mediocre sounding copy. This fundamental concept of recording companies giving a less than ideal data version is in the hope that the lack of sound quality will deter users from recording, copying, etc., the media files.
Applications are readily available via the Internet for the express purpose of producing an exact audio copy of media files. One example is Exact Audio Copy, a freeware software program freely available on the Internet which produces an exact audio copy in .wav file format. Additionally, there are “ripping” applications, readily available via the Internet, that goes to the audio tracks where it can “rip” the audio or video file.
Further, many of the media player/recorder applications are designed to capture and record incoming media files in a manner that circumvents controls implemented by a media player application inherent to an operating system, e.g., QuickTime for Apple, MediaPlayer for Windows™, etc., or downloadable from the Internet, e.g., RealPlayer, LiquidAudio, or those provided by webcasters, e.g., PressPlay, for controlling unauthorized recording of media files. Also, many digital recording devices, e.g., mini-disc recorders, MP3 recorders, and the like, can be coupled to a digital output of a computer system, e.g., a USB port, a S/Pdif out, and the like, to capture the media file.
It is desired to prevent recording applications, such as Total Recorder, Sound Forge, and numerous others, that are adapted to establish a connection with a kernel level driver operable within an operating system to capture and redirect the media file to create an unauthorized reproduction of a media file. It is also desired to prevent recording applications from accessing a kernel-mode media device driver and making unauthorized copies of copyrighted material through some available network, e.g., wireline, wireless, P2P, etc., or through a communicative coupling. It is further desirable to prevent access to a kernel based media device driver by a recording application for the purpose of making unauthorized copies of media files from or to alternative sources, e.g., CD players, DVD players, removable hard drives, personal electronic and/or recording devices, e.g., MP3 recorders, and the like.
Further, there are many different types of network environments that can be implemented to facilitate sharing of data between computer systems. Some of the various network environment types include Ethernet, client-server, and wired and/or wireless network environments. A common utilization of a network environment type is for file sharing, such as in a P2P network or point-to-point network. Most P2P networks rely on business models based upon the transfer and redistribution of copyrighted material, e.g., audio files, between computers coupled to a network, e.g., the Internet. A P2P network allows a user to acquire the copyrighted material from a computer, a web site source, or a music broadcaster, and store and share the material with other users throughout the network, in some instances acting as a web site source or a music broadcaster.
One network environment uses a centralized server. FIG. 20A depicts a block diagram of a conventional network environment for sharing media between computer systems using a centralized server. As depicted in FIG. 20A, a directory 2024 of users' email addresses and music files 2022, such as MP3 files, are associated with the centralized server 2020A on a network 2010A for a service provider of music. The users can download music files 2022 from the centralized server 2020A so they have copies of the music files (e.g., 2042, 2052, 2062, and/or 2072) on their respective computers (e.g., 2040A, 2050A, 2060A, and/or 2070A). Additionally, the users may obtain media player/recorder applications, for example, from the centralized server 2020A that allow the users to listen to the downloaded music. Since the users do not communicate directly with each other, the service provider's centralized server 2020A can determine which users are downloading music from music files 2022 and charge the appropriate copyright fees for the copyrighted music. Further, if a service provider with a centralized server 2020A refuses to comply with the law by charging for copyrights, the distribution of music between the users can easily be stopped by shutting down the centralized server 2020A.
A second network environment uses a point-to-point network (P2P network). FIG. 20B depicts a block diagram of a conventional network environment for sharing music between computer systems using a P2P network. As depicted in FIG. 20B, a directory 2024 of user contact information, such as users' email addresses, and music files 2022, such as MP3 files, are associated with a server 2020B for a service provider of music that uses a network 2010B. However, the users may also have user information for one or more other users in the P2P network. For example, each of the users may have directories (e.g., 2044, 2054, 2064, and/or 2074) with email addresses for other users in the point to point network 2010B. Therefore, the users may communicate directly with each other to transfer and redistribute copyrighted media, such as music files 2042, 2052, 2062, and/or 2072, between the user's computers (e.g., 2040B, 2050B, 2060B, and/or 2070C) coupled to a network 2010B. A P2P network allows a user to acquire the copyrighted media from a computer, a web site source, or in some instances acting as a web site source or a music broadcaster. For example, computer 2040B may have a large number of illegally traded MP3s that other users, such as the users of computers 2050B, 2060B, and/or 2070C, may request from of computer 2040B rather than from the service provider's server 2020B. Computer 2040B is an example of what is known as a “point source” since it is in a position to provide a large number of illegally traded music files 2042 to other computers (e.g., 2050B, 2060B and/or 2070C).
A common way of sharing files in a P2P network is to obtain media player/recorder applications which may be freely distributed or commercially available. In many instances, these media player/recorder applications also provide for downloading the music file from a P2P network or from licensed web broadcasters, for saving the music file locally, and for uploading the music file onto an unlawful (or unauthorized) P2P or similar network and/or consumer recording device without paying for copyright fees.
Therefore, frequently a service provider's server 2020B in a P2P network cannot determine which computers are downloading music files 2022 and charge the appropriate fees for copyrighted media.
One solution to the problem posed by P2P networks is to try to shutdown the source points, such as computer 2040B, in the P2P networks. However, there are many ways of circumventing this. For example, the users of point sources can change their locations by switching computers or changing their IP addresses, and then inform the other users in the P2P network of their new location.
Current methods of controlling the sharing of media between a plurality of nodes in a network environment are inadequate.